[Federal Register Volume 63, Number 135 (Wednesday, July 15, 1998)]
[Rules and Regulations]
[Pages 38087-38089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18862]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CO-001-0024a; FRL-6124-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Colorado; 1993 Periodic Carbon Monoxide Emission Inventories for 
Colorado

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Colorado on September 16, 1997. The effect of 
this action is to approve 1993 periodic carbon monoxide (CO) emission 
inventories for Colorado Springs, Denver, Fort Collins, and Longmont 
that were submitted by the Governor, as a revision to the State 
Implementation Plan (SIP), as required by section 187(a)(5) of the 
Clean Air Act (CAA), as amended in 1990. This action is being taken 
under section 110 of the CAA.

DATES: This direct final rule is effective on September 14, 1998 
without further notice, unless EPA receives adverse comments by August 
14, 1998. If adverse comments are received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Written comments may be mailed to Richard R. Long, Director, 
Air Program, Mailcode 8P2-A, Environmental Protection Agency (EPA), 
Region VIII, 999 18th Street, Suite 500, Denver, Colorado, 80202. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the Air Program, 
Environmental Protection Agency, Region VIII, 999 18th Street, Suite 
500, Denver, Colorado, 80202. Copies of the State documents relevant to 
this action are available for public inspection at the Colorado 
Department of Public Health and Environment, Air Pollution Control 
Division, 4300 Cherry Creek Drive South, Denver, Colorado 80246-1530.

FOR FURTHER INFORMATION CONTACT: Cindy Rosenberg, EPA, Region VIII, 
(303) 312-6436.

SUPPLEMENTARY INFORMATION: On September 16, 1997, the State of Colorado 
submitted a formal revision to its State Implementation Plan (SIP). The 
SIP revision consists of the 1993 periodic carbon monoxide (CO) 
emission inventories for Colorado Springs, Denver, Fort Collins, and 
Longmont.

I. Background

    As required by the CAA, States have the responsibility to inventory 
emissions contributing to NAAQS nonattainment, to track these emissions 
over time, and to ensure that control strategies are being implemented 
that reduce emissions and move areas towards attainment. The CAA 
required States with moderate or serious CO nonattainment areas to 
initially submit a base year CO inventory that represented actual 
emissions during the peak CO season by November 15, 1992. This base 
year inventory was for calendar year 1990. Moderate and serious CO 
nonattainment areas were also required to submit a revised emissions 
inventory periodically. The 1990 base year inventory was to serve as 
the primary inventory from which the periodic inventories were to be 
derived. As per CAA section 187(a)(5), the submittal of the first 
periodic emissions inventory, as a revision to the SIP, was required no 
later than September 30, 1995, and every three years thereafter until 
the area is redesignated to attainment. This requirement applies to 
Colorado Springs, Denver, Fort Collins, and Longmont. Further 
information on these inventories and their purpose can be found in the 
document ``Emission Inventory Requirements for Carbon Monoxide State 
Implementation Plans'', USEPA, Office of Air Quality Planning and 
Standards, EPA-450/4-91-011, March, 1991, and the September 30, 1994, 
guidance memorandum entitled ``1993 Periodic Emission Inventory 
Guidance'', signed by J. David Mobley, Chief of the Emission Inventory 
Branch (hereafter, the Mobley Memorandum).
    The periodic inventories were to be prepared in similar detail as 
was done with the 1990 base year inventories and were to address actual 
CO emissions for the area during the peak CO season. The peak CO season 
should reflect the months when peak CO air quality concentrations 
occur. As winter is the peak CO season for Colorado Springs, Denver, 
Fort Collins, and Longmont, the 1993 periodic inventories included the 
period November through January. The periodic inventories are to 
address emissions from stationary point, area, on-road mobile, and non-
road mobile sources.

II. Summary of SIP Revision

A. Review of the 1993 CO Periodic Emissions Inventories (PEI) for 
Colorado Springs, Denver, Fort Collins, and Longmont

    The September 30, 1994, Mobley memorandum allowed for two options 
for the approach to developing the 1993 PEI. If the 1993 PEI was to be 
used for a regulatory purpose (i.e., milestone compliance 
demonstration, rate of progress, maintenance plan tracking, etc.) a 
rigorous, comprehensive PEI was to be developed similar in detail and 
documentation to that which was done for the 1990 base year inventory. 
If, however, EPA and the State determined that the 1993 PEI would not 
be used to support a regulatory purpose other than to fulfill the CAA 
section 187(a)(5) requirement, a less rigorous approach could be 
appropriate. Colorado chose the latter option for all four 1993 PEIs.
    EPA has reviewed the 1993 PEIs for Colorado Springs, Denver, Fort 
Collins, and Longmont. Summary tables, calculations for all identified 
sources in each source category, and adequate documentation were 
provided by the State for each of the four PEIs. EPA has determined 
that the Colorado Springs, Denver, Fort Collins, and Longmont 1993 PEIs 
satisfy the requirements of section 187(a)(5) of the CAA.
    The 1993 CO emissions from point sources, area sources, on-road 
mobile sources, and non-road mobile sources for Colorado Springs, 
Denver, Fort Collins, and Longmont are summarized in the following 
table:

                               Carbon Monoxide Seasonal Emissions in Tons Per Day                               
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                                                    Point                    On-road      Non-road              
              Non-attainment area                   source    Area source     mobile       mobile       Total   
                                                  emissions*   emissions    emissions    emissions    emissions 
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Colorado Springs...............................         2.83        29.49       250.80        34.70       317.82

[[Page 38088]]

                                                                                                                
Denver.........................................        13.37        72.40      1441.97       152.96      1680.70
Fort Collins...................................         0.18         7.54        49.99         8.96        66.67
Longmont.......................................         0.03         2.36        20.78         5.54        28.71
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*Major CO point sources (i.e., CO emissions equal to or greater than 100 tons per year).                        

    All supporting calculations and documentation for these 1993 carbon 
monoxide periodic inventories are contained in the State's Technical 
Support Document (TSD) for this action.

B. Procedural Background

    The CAA requires States to observe certain procedural requirements 
in developing SIP revisions for submittal to EPA. Section 110(a)(2) of 
the CAA provides that each SIP revision (including emission 
inventories) be adopted after going through a reasonable notice and 
public hearing process prior to being submitted by a State to 
EPA.<SUP>1</SUP> The State held a public hearing for the Colorado 
Springs, Denver, Fort Collins, and Longmont 1993 PEIs on December 21, 
1995, directly after which the inventories were adopted by the Air 
Quality Control Commission (AQCC); the inventories were formally 
submitted by the Governor on September 16, 1997. EPA determined the 
submittal was complete on February 23, 1998.
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    \1\ Memorandum from John Calcagni, Director, Air Quality 
Management Division, and William G. Laxton, Director, Technical 
Support Division, to Regional Air Division Directors, Region I-X, 
``Public Hearing Requirements for 1990 Base-Year Emission 
Inventories for Ozone and Carbon Monoxide Nonattainment Areas,'' 
September 29, 1992.
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III. Final Action

    EPA is approving the carbon monoxide 1993 periodic emission 
inventories for Colorado Springs, Denver, Fort Collins, and Longmont as 
fulfilling the requirements of section 187(a)(5) of the CAA. These 
inventories were submitted by the Governor with a letter dated 
September 16, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective September 14, 
1998 without further notice unless the Agency receives adverse comments 
by August 14, 1998.
    If the EPA receives such comments, then EPA will publish a notice 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. The EPA will not 
institute a second comment period on the proposed rule. Any parties 
interested in commenting on the proposed rule should do so at this 
time. If no such comments are received, the public is advised that this 
rule will be effective on September 14, 1998 and no further action will 
be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Orders 12866 and 13045

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order 12866, entitled ``Regulatory 
Planning and Review,'' review.
    The final rule is not subject to Executive Order 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks,'' because it is not an ``economically significant'' action under 
Executive Order 12866.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act do not create 
any new requirements but simply approve requirements that the State is 
already imposing. Therefore, because the Federal SIP approval does not 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of a flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
the private sector, of $100 million or more. Under Section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
requirements.
    Accordingly, no additional costs to State, local, or tribal 
governments, or to

[[Page 38089]]

the private sector, result from this action.

D. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of Congress and to the Comptroller General of the United 
States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by September 14, 1998. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

F. Approving SIP Revisions in Audit Law States

    Nothing in this action should be construed as making any 
determination or expressing any position regarding Colorado's audit 
privilege and penalty immunity law (13-25-126.5, C.R.S.) or its impact 
upon any approved provision in the SIP, including the revision at issue 
here. The action taken herein does not express or imply any viewpoint 
on the question of whether there are legal deficiencies in this or any 
other Clean Air Act program resulting from the effect of Colorado's 
audit privilege and immunity law. A state audit privilege and immunity 
law can affect only state enforcement and cannot have any impact on 
federal enforcement authorities. EPA may at any time invoke its 
authority under the Clean Air Act, including, for example, sections 
113, 167, 205, 211 or 213, to enforce the requirements or prohibitions 
of the state plan, independently of any state enforcement effort. In 
addition, citizen enforcement under section 304 of the Clean Air Act is 
likewise unaffected by a state audit privilege or immunity law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: July 6, 1998.
Patricia D. Hull,
Acting Regional Administrator,
Region VIII.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart G--Colorado

    2. Section 52.348 is amended by designating the existing text as 
paragraph (a) and by adding paragraph (b) to read as follows:


Sec. 52.348  Emission inventories.

* * * * *
    (b) On September 16, 1997, the Governor of Colorado submitted the 
1993 Carbon Monoxide Periodic Emission Inventories for Colorado 
Springs, Denver, Fort Collins, and Longmont as revisions to the 
Colorado State Implementation Plan. These inventories address carbon 
monoxide emissions from stationary point, area, non-road mobile, and 
on-road mobile sources.

[FR Doc. 98-18862 Filed 7-14-98; 8:45 am]
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